HomeMy WebLinkAbout#17 - Royal Golf Minor Subdivision and VarianceSTAFF REPORT
DATE: 9/19/2023
REGULAR
MOTION
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Royal Golf Minor Subdivision and Variance
INTRODUCTION:
The City received a minor subdivision and variance application from Royal Development Inc to
collapse the existing Lot 2, Block 1 (11443 20th St N) and move it to the east side of 11441 20th
St N to encase the private pool and fitness center that was approved by the City via a conditional
use permit last year. The existing Lot 2, Block 1 was supposed to encase the pool and fitness
center but due to utility constraints, the facility was moved to the east side of the property.
To achieve this minor subdivision, the applicant must also request a street frontage variance. The
applicant is seeking flexibility from LEC 103.00.140 (b)(4) which requires all lots to have the
minimum required frontage on a public street. Due to the existing lot layout, the new lot will not
have public street frontage.
The intent of these requests is to place the lot lines around the facility that it was intended for
(the pool and fitness center) and to allow private HOA management for the pool and fitness
center versus the public clubhouse and golf course. Staff finds these requests are mainly for
housekeeping purposes and generally in support of this proposal.
General Request Graphic
ISSUE BEFORE CITY COUNCIL:
The City Council is being asked to make a determination on the minor subdivision and variance
requests.
GENERAL INFORMATION:
Address: 11455 20th Street North and 11443 20th St North
2
PID:
Variance Requests:
25.029.21.12.0002 and 25.029.21.12.0003
The applicant is seeking deviations from LEC 103.00.140 (b)(4)
which requires all subdivision to have frontage on a public
street.
Existing Zoning: Golf Course Community (GCC), Shoreland Overlay District,
Valley Branch Watershed District
Surrounding Zoning: North: Golf Course Community
South: Golf Course Community
East: Golf Course Community
West: Golf Course Community
Deadline for Action: Application Complete – 7/27/2023
60 Day Deadline – 9/25/2023
Applicable Regulations:
Title 103 – Subdivision Regulations
Article V – Zoning Administration
Article XII – Urban Districts
Article XIX – Shoreland Overlay District
REVIEW AND ANALYSIS:
Minor Subdivision: The City’s subdivision regulations allow for certain major subdivision
procedures and requirements to be waived when: 1) no more than four lots are being created; 2)
when no new public infrastructure or rights-of-way or streets are necessary; and 3) when the
proposed lots meet the minimum road frontage and area requirements of the underlying zoning
district. The minor subdivision process allows for concurrent review and approval of a
preliminary and final plat.
The proposed minor subdivision does not require any new public infrastructure or any new
public streets or infrastructure. The request is not adding additional lots, instead an existing lot
is being collapsed and relocated. This request will also meet the City’s Royal Golf PUD and
Golf Course Community zoning lot dimension and bulk building requirements. No tree removal
or structure/building changes are proposed as a part of this request. With approval of the
variance for road frontage, the proposed plat meets all the City’s requirements for a subdivision.
Street Frontage Variance: An applicant must establish and demonstrate compliance with the
variance criteria set forth in Lake Elmo City Code Section 105.12.320 before the City may grant
an exception or modification to City Code requirements. These criteria are listed below, along
with comments about the applicability of these criteria to the applicant’s request.
The proposed variance request would meet all four required criteria set forth in Section
105.12.320(f). The applicant has proven practical difficulties in that it is intending to use the lot
in a reasonable manner and keeping in the spirit with the intent of the Golf Course Community
zoning district and the Royal Golf Planned Unit Development. The applicant has proven unique
circumstances given the unique existing barbell-shaped lot layout (11455 20th St North) and the
existing infrastructure location which required the shift in location of the pool and fitness
facility. The pool and fitness facility is also not a public place and is used exclusively by the
residents of Royal Golf whereas the clubhouse and golf course are public facilities. The applicant
has proven that character of locality will not be altered given the structures are to remain the
same, only the lot lines will be shifting. Lastly, the proposed request of changing the lot lines
should not impair adjacent properties or increase congestion of the public streets.
3
CITY AGENCY REVIEW:
This request was distributed to several departments and agencies for review on July 31st 2023.
The following departments provided comments on the applications:
x Fire Department Review Memo (8-9-2023) provided comments regarding the
requirements of maintaining access to the pool and fitness facility at all times.
x City Engineer Email (8-14-2023) did not have comments on the applications.
x City Attorney (8-17-2023) – Provided a plat opinion that must be addressed prior to
release of the final plat for recording. A condition regarding special assessments has also
been added based on the Attorney’s review to ensure the assessments will be paid.
x VBWD – Indicated a permit would be required through the watershed district.
x MN DNR – Did not provide a review memo.
PUBLIC COMMENT:
A public hearing notice was sent to surrounding properties on August 16th 2023. A public
hearing notice was published in the City’s official newspaper on August 18th 2023. No public
comments was received for either application.
PLANNING COMMISSION:
The Planning Commission reviewed the request at their August 28th 2023 meeting. The
Commission recommended approval of the variance request (Vote: 5-0) and minor subdivision
request (Vote: 5-0) with the conditions listed in the staff report.
DRAFT FINDINGS:
Staff is recommending that the City Council consider the following findings:
1. That the Royal Golf Pool and Fitness Center minor subdivision is consistent
with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this
area.
2. That the Royal Golf Pool and Fitness Center minor subdivisions is consistent with the
future development plans of the area and with the standards of the City’s Golf Course
Community zoning district and the Royal Golf Planned Unit Development.
3. That the Royal Golf Pool and Fitness Center minor subdivision meets the
requirements of the City’s minor subdivision regulations and specifically the
requirements concerning exceptions to platting.
4. The Royal Golf variance request has proven practical difficulties given the applicant
is intending to use the lot in a reasonable manner and keeping in the spirit with
the intent of the Golf Course Community zoning district and Royal Golf Planned
Unit Development.
5. The Royal Golf variance request has proven unique circumstances given the unique
existing barbell-shaped lot layout (11455 20th St North) and the existing
infrastructure location which required the shift in location of the pool and fitness
facility. The pool and fitness facility is also not a public place and used
exclusively by the residents of Royal Golf whereas the clubhouse and golf course
are public facilities.
6. The Royal Golf variance request has proven the essential character of the locality
will not be altered given the structures are to remain the same, only lot lines will
be shifting.
7. The Royal Golf variance request will not have an adverse effect on adjacent
properties and will not cause there to be an increase in traffic.
4
RECOMMENDED CONDITIONS OF APPROVAL:
1. The applicant must obtain all other necessary City, state, and other governing body
permits and approvals prior to release of the final plat for recording.
2. The City Attorney’s comments set forth in the plat opinion shall be addressed prior
to release of the final plat for recording.
3. The special assessments currently levied against the property subject to the minor
subdivision shall be transferred to Lot 1, Block 1, The Royal Golf Club Pool and
Fitness.
4. The special assessments that are transferred to Lot 1, Block 1, The Royal Golf Pool and
Fitness will need to be paid at the time of recording the final plat unless the applicant
signs a new fee assessment form that will allow the applicant to continue to make
payments on the special assessments.
5. That the developer records the approved Final Plat with Washington County within 180
days after City Council approval. Failure to record the Final Plat within 180 days of
approval will cause the approval to become void.
RECOMMENDATIONS:
Staff recommends that the City Council approve the minor subdivision and variance request from
Royal Development to collapse Lot 2, Block 1 and move it to the east side of 11455 20th Street
North so that it encompasses the existing pool and fitness center. Suggested Motions:
“Motion to adopt Resolution 2023-87 approving the Royal Development Pool and Fitness
Center lot frontage variance request based on the findings of fact and conditions
presented in the staff report.”
AND
“Motion to adopt Resolution 2023-88 approving the Royal Development Pool and Fitness
Center minor subdivision request based on the findings of fact and conditions presented
in the staff report.”
ATTACHMENTS:
1) Location Map
2) Land Use Applications
3) Variance Narrative
4) Final Plat
5) Fire Dept. Memo (8-9-2023)
6) City Engineer Email (8-14-2023)
7) City Attorney Plat Opinion (8-17-2023)
8) Resolution 2023-87 - Variance
9) Resolution 2023- 88 – Minor Subdivision
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6
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THE ROYAL GOLF CLUB POOL AND FITNESS
MATCH LINE
THE ROYAL GOLF CLUBHORSESHOE LAKE
POOL AND FITNESS
MATCH LINE
LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL
Fire Prevention, Code Enforcement, and Public Education
“Proudly Serving Neighbors and Friends”
August 9, 2023
Royal Development, Inc
10995 Club West Parkway, Suite 300
Blaine, MN 55449
Re: Variance Request for Minior Subdivision Application involving property located at 11457 20th ST N, Lake
Elmo, MN 55342
Applicant,
The Lake Elmo Fire Department will require no additional changes/additions to the previously approved
development plan for the property located above. However, with the split in ownership/lot lines, the
requirement maintains that access to the pool and fitness facility be maintained at all time. This includes
during winter months in relation to snow plowing. The same provisions are required of the clubhouse and
maintenance buildings.
Respectfully,
1
Sophia Jensen
From:Jack Griffin <Jack.Griffin@focusengineeringinc.com>
Sent:Monday, August 14, 2023 10:04 AM
To:Sophia Jensen
Subject:Royal Golf Club Pool & Fitness Center
Caution: This email originated outside our organization; please use caution.
In regards to the Minor Subdivision, engineering has no review comments.
Thanks ~Jack
John (Jack) W. Griffin, P.E.
Principal / Sr. Municipal Engineer
FOCUSENGINEERING, INC.
651.300.4264
jack.griffin@focusengineeringinc.com
Offices in
Minneapolis
St. Cloud
150 South Fifth Street
Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
DOCSOPEN\LA515\132\896051.v3-8/17/23
Kennedy
SARAH J. SONSALLA
Attorney at Law
Direct Dial (612) 337-9284
Email: ssonsalla@kennedy-graven.com
August 17, 2023
VIA E-MAIL ONLY
Ms. Jenni Faulkner
Senior Planner
Bolton & Menk, Inc.
12224 Nicollet Avenue
Burnsville, MN 55337
RE: Plat Opinion for THE ROYAL GOLF CLUB POOL AND FITNESS
Dear Jenni:
At the City’s request, I have reviewed the title commitment issued by Land Title, Inc., as agent for
First American Title Insurance Company, with an effective date of June 13, 2022 (the
“Commitment”). I have also reviewed a preliminary plat prepared by Carlson McCain, Inc., which
is titled THE ROYAL GOLF CLUB POOL AND FITNESS (the “Preliminary Plat”).
The Commitment purports to cover the following legal description:
Parcel A:
Lot 1 , Block 1, The Royal Golf Club at Lake Elmo, Washington County, Minnesota.
Parcel B;
Lot 2, Block 1, The Royal Golf Club at Lake Elmo, Washington County, Minnesota.
Parcel C:
Outlot L, The Royal Golf Club at Lake Elmo 2nd Addition, Washington County,
Minnesota.
Abstract Property
(the “Property”).
Based on my review of the Commitment and the Preliminary Plat, I have the following comments
relative to the proposed Preliminary Plat:
Ms. Jenni Faulkner
August 17, 2023
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1. Plat execution. The Preliminary Plat must be signed by:
a. The fee owners:
i. Parcels A and C: H. C. Golf Land, LLC, a Minnesota limited liability company.
ii. Parcel B: Royal Development, Inc., a Minnesota corporation.
The Final Plat must be executed with all the formalities of a deed of title. The
Applicant submitting Preliminary Plat appears to be H.C. Golf Course
Development, LLC, a Minnesota limited liability company. The Consent to Plat
provided by Applicant states that H.C. Golf Land, LLC is now known as H.C. Golf
Course Development, LLC. I require a certificate of good standing from the
Minnesota Secretary of State and evidence that the fee owners of the Property are
authorized to convey the easements dedicated on the Plat and that the person
signing is authorized to execute the Plat on the fee owner’s behalf. I require review
of these instruments.
b. The mortgagee, Northeast Bank, a Minnesota corporation, according to the
Commitment. In lieu of signing the Plat, the mortgagee may provide any of the
following instruments for recording prior to the Plat: partial release of mortgage;
satisfaction of mortgage; or consent to Plat. Additionally, the mortgagee must also
provide a release or termination of other financing documents of record. I require
review of these instruments.
2. Plat Corrections. I require review of the following revisions.
a. The Plat does not convey any new drainage and utility easements to the public,
including along the perimeters of Lots 1 and 2, Block 1. There is an existing
drainage and utility easement along Outlot A per the plat of The Royal Golf Club
at Lake Elmo Second Addition. The City should review and determine if it
additionally requires public drainage and utility easements to be dedicated along
the perimeter of the Lots or Outlot. Public dedication language must additionally
be added by the surveyor to the Plat.
b. The notification of interest should be revised from “ALL BY THESE PRESENTS” to
“ALL PERSONS BY THESE PRESENTS”.
c. The fee owner acknowledgment for H.C. Golf Land should be revised from “limited
liability company, on behalf of the company.” to “limited liability company.”
d. The surveyor’s acknowledgment should be revised from “by Thomas R. Balluff,
Licensed Land Surveyor.” to “by Thomas R. Balluff.”.
e. The City Council approval certificate should be revised from “the City Council of the
City of Lake Elmo” to “the City Council of Lake Elmo”.
Ms. Jenni Faulkner
August 17, 2023
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f. The County Auditor/Treasurer approval should be revised from “in the year 20” to
“in the year 20__”.
3. Title Exceptions.
a. Rights or claims of tenants, as tenants only, under unrecorded leases, if any. The
developer should provide copies of any unrecorded leases, if any, for my review.
b. Subject to the rules and regulations of the Department of Natural Resources
concerning protected wetlands areas, protected waters and protected watercourses.
The wetlands are depicted on the Preliminary Plat. No further action is required.
c. Site Improvement Agreement between City of Lake Elmo and H.C. Golf Land,
LLC, dated August 17, 2017, filed August 25, 2017, as Document No. 4125499.
The Site Improvement Agreement allowed the developer to construct certain
improvements prior to the recording of a prior plat, and the developer executed a
drainage and utility easement along 20th Street which was not to be recorded unless
there was a default under the Site Improvement Agreement. No further action is
required.
d. Drainage and utility easements over the subject property as shown on the recorded
plat. The easements dedicated on the plat of The Royal Golf Club at Lake Elmo
are depicted on the Plat. No further action is required.
e. Drainage and Utility Easement in favor of City of Lake Elmo dated September 15,
2017, filed September 29, 2017, as Document Number 4129861. The public
drainage and utility easement must be depicted on the Plat. I require review of this
revision.
f. Development Agreement between the City of Lake Elmo and Royal Development,
Inc., dated September 19, 2017, filed September 29, 2017, as Document No.
4129865; as amended by Second Amendment to Development Agreement, dated
August 10, 2021, filed August 19, 2021, as Document No. 4330026.
The Development Agreement, between the City of Lake Elmo and Royal
Development, Inc., requires, among other things, the construction of certain public
and private improvements to have been completed by October 31, 2018. The
Second Amendment modifies the Development Agreement to modify certain
sections of the Agreement relating to cash contributions to be paid by the
Developer. No further action is required.
g. License and Maintenance Agreement for Landscaping Improvements dated
September 19, 2017, filed September 29, 2017, as Document Number 4129867.
The License and Maintenance Agreement includes, among other things, that the
developer would install certain landscaping improvements on certain city-owned
Ms. Jenni Faulkner
August 17, 2023
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property, and maintain those improvements for two years. No further action is
required.
h. Mortgage, Security Agreement and Fixture Financing Statement executed by H.C.
Golf course Development, LLC, a Minnesota limited liability company, dated
March 14, 2016, filed March 18, 2016, as Document Number 4060697 in the
amount of $4,250,000.00, in favor of Northeast Bank; as modified by Document
Number 4130775, filed October 6, 2017; as modified by Corrective Modification
filed September 19, 2018, as Document Number 4168884. The mortgage must be
resolved prior to the recording of the final plat in accordance with 1.b. of this letter.
I require review of those documents as described on 1.b.
i. Assignment of Leases and Rents by and between H. C. Golf Course Development,
LLC, a Minnesota limited liability company, and Northeast Bank, dated March 14,
2016, filed March 18, 2016, as Document Number 4060698. The assignment must
be resolved prior to the recording of the final plat in accordance with 1.b. of this
letter. I require review of those documents as described on 1.b.
j. Combination Mortgage, Security Agreement and Fixture Financing Statement
executed by H.C. Golf Land, LLC, a Minnesota limited liability company, dated
October 2, 2017, filed October 6, 2017, as Document Number 4130777 in the
amount of $4,250,000.00, in favor of Northeast Bank; as modified by Modification
filed May 14, 2018, as Document Number 4153852. The mortgage must be
resolved prior to the recording of the final plat in accordance with 1.b. of this letter.
I require review of those documents as described on 1.b.
k. Combination Mortgage, Security Agreement and Fixture Financing Statement
executed by Royal Development Inc., a Minnesota corporation, dated October 2,
2017, filed October 6, 2017, as Document Number 4130778 in the amount of
$4,250,000.00, in favor of Northeast Bank; as modified by Mortgage Modification
Agreement filed May 14, 2018, as Document Number 4153853; as modified by
Corrective Modification filed September 19, 201,8 as Document Number 4168885.
The mortgage must be resolved prior to the recording of the final plat in
accordance with 1.b. of this letter. I require review of those documents as described
on 1.b.
l. Master Declaration of Royal Golf Club Master Community dated September 28,
2017, filed September 29, 2017, as Document Number 4129866; as amended by
First Amendment filed August 3, 2018, as Document Number 4163569; as
amended by Second Amendment filed January 19, 2019, as Document Number
4181540. Under the Master Declaration, the developer may include the Property to
the development up to ten years after the date of the declaration. No further action
is required.
m. Terms and conditions of Storm Water Quality Treatment Facility Maintenance
Agreement dated June 9, 2016, filed July 12, 2016, as Document No. 4074234; as
Ms. Jenni Faulkner
August 17, 2023
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amended by Amended Storm Water Quality Treatment Facility Maintenance
Agreement, dated July 13, 2017, filed July 28, 2017, as Document No. 4121597.
The Storm Water Quality Treatment Facility Maintenance Agreement in part
conveys certain easements for public right of way or perpetual access from public
rights-of-way to the Valley Branch Watershed District’s water quality unit. The
First Amendment corrects the legal description of the Property. The public
easements must be depicted on the Plat. I require review of this revision.
n. Site Grading Agreement between the City of Lake Elmo and H.C. Golf Land, LLC,
dated June 1, 2017, filed June 28, 2017, as Document Number 4117554 and
Amendment filed November 9, 2017, as Document Number 4134802.
The Site Grading Agreement, among other things, permitted the developer to begin
grading prior to the City’s approval of the filing of the subsequent plats and
subdivision plats on the property depicted by the plat of the Royal Golf Club at
Lake Elmo. The First Amendment modifies the legal description of the property
subject to the Site Grading Agreement. No further action is required.
o. Utility Maintenance Access Trail Easement in favor of City of Lake Elmo dated
September 15, 2017, filed September 29, 2017, as Document Number 4129862.
The easement is depicted on the Plat. No further action is required.
p. Drainage and utility easements as shown on the recorded plat of The Royal Golf
Club at Lake Elmo 2nd Addition. The drainage and utility easements over Outlot
L of The Royal Golf Club at Lake Elmo 2nd Addition must be depicted on the final
plat.
q. Combination Mortgage, Security Agreement and Fixture Financing Statement
executed by Royal Development, Inc., a Minnesota corporation, dated July 26,
2018, filed August 3, 2018, as Document Number 4163571 in the amount of
$3,232,172.00, in favor of Northeast Bank. The mortgage must be resolved prior
to the recording of the final plat in accordance with 1.b. of this letter. I require
review of those documents as described on 1.b.
r. Combination Mortgage, Security Agreement and Fixture Financing Statement
securing $3,232,172.00, dated July 26, 2018, filed August 3, 2018, as Document
No. 4163572, by and between H.C. Golf Land, LLC, a Minnesota limited liability
company, and Northeast Bank, a Minnesota corporation. The mortgage must be
resolved prior to the recording of the final plat in accordance with 1.b. of this letter.
I require review of those documents as described on 1.b.
s. Development Agreement for Royal Golf Club at Lake Elmo 2nd Addition dated
July 26, 2018, filed August 3, 2018, as Document No. 4163573; as amended by
First Amendment to Development Agreement dated August 10, 2021, filed August
19, 2021, as Document No. 4330025.
Ms. Jenni Faulkner
August 17, 2023
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The Development Agreement, by and between the City of Lake Elmo and Royal
Development, Inc., requires, among other things, the construction of certain public
and private improvements to have been completed by October 31, 2018. The First
Amendment modifies the amount of cash donation the Developer was to make with
respect to the City Parks fund. No further action is required.
t. Open Space Easement Agreement between Royal Development, Inc., a Minnesota
corporation and the City of Lake Elmo, dated July 26, 2018, filed September 17,
2018, as Document Number 4168628. The public easement must be depicted on
the Plat. I require review of this revision.
u. License and Maintenance Agreement for Landscaping Improvements between City
of Lake Elmo and Royal Development Inc., dated July 26, 2018, filed September
17, 2018, as Document Number 4168630. The License and Maintenance
Agreement includes terms whereby the developer must or may maintain certain
landscaping improvements. No further action is required.
v. Combination Mortgage, Security Agreement and Fixture Financing Statement
securing $2,000,000.00, dated October 7, 2019, filed January 2, 2020, as Document
No. 422917, by and between Royal Development Inc., a Minnesota Corporation,
H.C. Golf Land, LLC, a Minnesota limited liability company, and Northeast Bank,
a Minnesota corporation; as amended by Mortgage Modification Agreement dated
December 7, 2020, filed April 22, 2021, as Document No. 4307981. The mortgage
must be resolved prior to the recording of the final plat in accordance with 1.b. of
this letter. I require review of those documents as described on 1.b.
w. Easement Agreement between H.C. Golf Land LLC, Royal Development, Inc,
Royal Golf Club Master Association and Royal Golf Club Homeowners
Association, dated December 17, 2021, filed December 28, 2021, as Document
Number 4352906. The private easement does not need to be depicted on the Plat.
No further action is required.
x. Declaration Regarding Use of Shared Amenities Parcel dated February 10, 2022,
filed February 17, 2022, as Document Number 4360002. The Declaration
introduces certain restrictions on the property related to hours of operation, food
service, and alcohol, among other terms. No further action is required.
y. The Plat depicts a Gas Line Easement per Document Number 4060634. The
Easement is not listed as an exception on the Commitment. I require an updated
Commitment per 5.a., below, and either the Commitment or the Plat must be
corrected with respect to Document Number 4060634. I require review of this
revision to either the Plat or the Commitment.
4. Property taxes and assessments. All real estate taxes due in the year the Plat is to be
recorded must be paid prior to recording. Please additionally see paragraph 4.c., below.
Ms. Jenni Faulkner
August 17, 2023
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Parcel A:
Tax I.D. No. 25-029-21-12-0002
2023 base tax is $105,552.00, and taxes are half paid.
There are no delinquent taxes of record.
There are no levied or pending special assessments.
Parel B:
Tax I.D. No. 25-029-21-12-0003
2023 base tax is $0.00.
There are no delinquent taxes of record.
There are no levied or pending special assessments.
Parcel C:
Tax I.D. No. 25-029-21-43-0028
2023 base tax is $20.00, and taxes are paid.
There are no delinquent taxes of record.
There are no levied or pending special assessments.
5. Additional Comments.
a. The Commitment is dated June 13, 2022. I require review of a title commitment
that is less than 90 days old.
b. The final plat will need to meet all requirements of Minnesota Statutes Chapter 505
and the Manual of Guidelines for Platting in Minnesota (including the Washington
County Addendum).
c. The special assessments currently levied against the property subject to the minor
subdivision shall be transferred to Lot 1, Block 1, The Royal Golf Club Pool and
Fitness. It is my understanding that there is an agreement between the Fee Owner’s
and the City that this specific assessment will not be paid prior to recording the Plat,
with the County’s approval.
This letter does not purport to set forth every matter relevant to a determination of whether title to
the Property is marketable, and no one should rely upon it for that purpose. The sole purpose of
this letter is to identify required signatories to the Plat and related issues of interest to the City in
connection with platting, as evidenced by the Updated Title Commitment.
This opinion is conditioned upon both my review of a final plat and the issuance of a title policy
in favor of the City of Lake Elmo, insuring the City’s interests as they appear on the Plat.
Please contact me if you have any questions regarding this information. Thank you.
Sincerely,
Ms. Jenni Faulkner
August 17, 2023
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SSarah J. Sonsalla
Sarah J. Sonsalla
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2023-87
A RESOLUTION APPROVING A VARIANCE FOR A NEW LOT WITHOUT THE
REQUIRED STREET FRONTAGE FOR THE ROYAL GOLF POOL AND FITNESS
CENTER MINOR SUBDIVISION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Royal Development LLC, 10995 Club West Parkway, Suite 300, Blaine,
MN 55449 (the “Applicant”), have submitted an application to the City of Lake Elmo (the
“City”) to request a variance to allow the creation of a new lot without the required frontage on a
public street; and
WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant
to the Lake Elmo Zoning Code, Section 103.00.120; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on August 28th 2023; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation of approval of the variance to the City Council as part of a Staff Memorandum
dated September 19th, 2023; and
WHEREAS, the City Council reviewed the Royal Golf Pool and Fitness Center Variance
at its meeting held on September 19th, 2023 and made the following findings of fact:
1. That the Royal Golf Pool and Fitness Center minor subdivision is consistent
with the Lake Elmo Comprehensive Plan and the Future Land Use Map for
this area.
2. That the Royal Golf Pool and Fitness Center minor subdivisions is consistent with
the future development plans of the area and with the standards of the City’s Golf
Course Community zoning district and the Royal Golf Planned Unit Development.
3. That the Royal Golf Pool and Fitness Center minor subdivision meets the
requirements of the City’s minor subdivision regulations and specifically the
requirements concerning exceptions to platting.
4. The Royal Golf variance request has proven practical difficulties given the
applicant is intending to use the lot in a reasonable manner and keeping in the
spirit with the intent of the Golf Course Community zoning district and Royal
Golf Planned Unit Development.
2
5. The Royal Golf variance request has proven unique circumstances given the
unique existing barbell-shaped lot layout (11455 20th St North) and the existing
infrastructure location which required the shift in location of the pool and fitness
facility. The pool and fitness facility is also not a public place and used
exclusively by the residents of Royal Golf whereas the clubhouse and golf course
are public facilities.
6. The Royal Golf variance request has proven the essential character of the locality
will not be altered given the structures are to remain the same, only lot lines will
be shifting.
7. The Royal Golf variance request will not have an adverse effect on adjacent
properties and will not cause there to be an increase in traffic.
DECISION
NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above Findings, that the City Council of the City of Lake Elmo
hereby approves the Applicants’ request for a new lot without the required frontage on a public
street, subject to the following conditions:
1. The applicant must obtain all other necessary City, state, and other governing body
permits and approvals prior to release of the final plat for recording.
2. The City Attorney’s comments set forth in the plat opinion shall be addressed prior
to release of the final plat for recording.
3. The special assessments currently levied against the property subject to the minor
subdivision shall be transferred to Lot 1, Block 1, The Royal Golf Club Pool and
Fitness.
4. The special assessments that are transferred to Lot 1, Block 1, The Royal Golf Pool and
Fitness will need to be paid at the time of recording the final plat unless the applicant
signs a new fee assessment form that will allow the applicant to continue to make
payments on the special assessments.
5. That the developer records the approved Final Plat with Washington County within 180
days after City Council approval. Failure to record the Final Plat within 180 days of
approval will cause the approval to become void.
Passed and duly adopted this 19th day of September, 2023 by the City Council of the City of Lake
Elmo, Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk
1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-88
A RESOLUTION APPROVING THE ROYAL GOLF POOL AND FITNESS CENTER
MINOR SUBDIVISION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Royal Development LLC, 10995 Club West Parkway, Suite 300, Blaine,
MN 55449 submitted application to the City of Lake Elmo (“City”) for a Minor Subdivision for
the Royal Golf Pool and Fitness Center, a copy of which is on file in the City of Lake Elmo
Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on August 28th,
2023 to review and consider a Minor Subdivision (Preliminary Plat and Final Plat) request; and
WHEREAS, the consensus of the Lake Elmo Planning Commission was to recommend
to the City Council approval of the Minor Subdivision subject to conditions of approval; and
WHEREAS, the City Council reviewed and approved the Minor Subdivision at its
September 19, 2023 meeting subject to conditions of approval.
WHEREAS, the proposed Royal Golf Pool and Fitness Center Minor Subdivision
includes two lots; and
WHEREAS, the City Council reviewed the Royal Golf Pool and Fitness Center Minor
Subdivision at its meeting held on September 19th, 2023 and made the following findings of
fact:
1. That the Royal Golf Pool and Fitness Center minor subdivision is consistent
with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this
area.
2. That the Royal Golf Pool and Fitness Center minor subdivisions is consistent with the
future development plans of the area and with the standards of the City’s Golf Course
Community zoning district and the Royal Golf Planned Unit Development.
3. That the Royal Golf Pool and Fitness Center minor subdivision meets the
requirements of the City’s minor subdivision regulations and specifically the
requirements concerning exceptions to platting.
4. The Royal Golf variance request has proven practical difficulties given the applicant
is intending to use the lot in a reasonable manner and keeping in the spirit with
the intent of the Golf Course Community zoning district and Royal Golf Planned
Unit Development.
2
5. The Royal Golf variance request has proven unique circumstances given the unique
existing barbell-shaped lot layout (11455 20th St North) and the existing
infrastructure location which required the shift in location of the pool and fitness
facility. The pool and fitness facility is also not a public place and used
exclusively by the residents of Royal Golf whereas the clubhouse and golf course
are public facilities.
6. The Royal Golf variance request has proven the essential character of the locality
will not be altered given the structures are to remain the same, only lot lines will
be shifting.
7. The Royal Golf variance request will not have an adverse effect on adjacent
properties and will not cause there to be an increase in traffic.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Royal Golf Pool and Fitness Center Minor Subdivision subject to the following
conditions:
1. The applicant must obtain all other necessary City, state, and other governing body
permits and approvals prior to release of the final plat for recording.
2. The City Attorney’s comments set forth in the plat opinion shall be addressed prior
to release of the final plat for recording.
3. The special assessments currently levied against the property subject to the minor
subdivision shall be transferred to Lot 1, Block 1, The Royal Golf Club Pool and
Fitness.
4. The special assessments that are transferred to Lot 1, Block 1, The Royal Golf Pool and
Fitness will need to be paid at the time of recording the final plat unless the applicant
signs a new fee assessment form that will allow the applicant to continue to make
payments on the special assessments.
5. That the developer records the approved Final Plat with Washington County within 180
days after City Council approval. Failure to record the Final Plat within 180 days of
approval will cause the approval to become void.
Passed and duly adopted this 19th day of September, 2023 by the City Council of the City of
Lake Elmo, Minnesota.
___________________________________
Mayor Charles Cadenhead
ATTEST:
____________________________________
Julie Johnson, City Clerk